Md. Umar RajaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28841 of 2026
                      Arising Out of PS. Case No.-557 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Md. Umar Raja S/o Md. Guljar R/o Village - Dauna, P.S. - Amarpur, District.
                 - Banka.
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Anand
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-07-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Amarpur P.S. Case No. 557 of 2025 for the

                   offences punishable under Sections 103(1), 61(2), 3(5) of BNS

                   and Section 27 of Arms Act.

                                3. The case of the prosecution in brief is that on

                   19.08.2025 at about 1:00 AM, the informant Md. Abbas,

                   resident of Village Dauna, P.S. Sabour, District Bhagalpur, his

                   son Md. Sarique was returning home after work. Near the road

                   side he parked his car and sleeping. In the driver sit his driver

                   Miraj was seated, meanwhile 13 named accused person came

                   and specific allegation against Md. Imran who sought dead to

                   Md. Sariq. It is further alleged that on the sound of firing the

                   father of the deceased came outside and victim Md. Sariq

                   brought to the Hospital for treatment, but his condition was

                   critical. It is further alleged that in serious condition his son has
Patna High Court CR. MISC. No.28841 of 2026(3) dt.09-07-2026
                                            2/4




          disclosed that 13 named person including this petitioner armed

          with various weapons and assaulted the deceased.

                       4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case. It is

          next submitted that from perusal of the FIR it appears that

          although the petitioner is named in the FIR but there is no

          specific allegation of assault or firing is attributed against the

          petitioner rather the allegation of firing is attributed against one

          co-accused person, namely, Md. Imran and at best the petitioner

          may be a member of the mob. It is next submitted that nothing

          has come during the course of investigation which suggests that

          petitioner was involved in the present crime in question.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner was not named in the FIR and petitioner

          has antecedent of one case other than the present case but fairly

          submits that petitioner is on bail in the pending matter.

                       6. Considering the aforesaid facts and circumstances

          and the fact that there is no specific allegation against the

          petitioner rather the specific allegation of firing is attributed

          against the co-accused person, namely, Md. Imran, let the

          petitioner, above named, in the event of arrest or surrender
Patna High Court CR. MISC. No.28841 of 2026(3) dt.09-07-2026
                                            3/4




          before the court below within a period of thirty days from the

          date of receipt of the order, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned C.J.M.,

          Banka in connection with Amarpur P.S. Case No. 557 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure and with other following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the

          acceptance of bail bonds in terms of the above-mentioned order
           Patna High Court CR. MISC. No.28841 of 2026(3) dt.09-07-2026
                                                       4/4




                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T